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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My husband has been caught on m25 speeding camera speeding.

Resolved Question:

My husband has been caught on m25 speeding camera speeding. Driving at 106 mph on a 70mph limit. He already has 6 points on his licence. Will he receive a ban?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are the dates of his points?
Customer: replied 1 year ago.
August 2013 (sp30 3 points
February 2014 sp30 3points
Expert:  Jo C. replied 1 year ago.
Ok. They are both in time unfortunately. The short answer is that he could be. If this is 106 mph in a 70 mph zone then that would normally attract either 6 points or a ban of between 7 - 56 days. Generally speaking a person would be given points. However, in this case, if he gets 6 points that would render him liable to a ban for totting of 6 months. If he were banned outright he would probably be better off as it would be for a much shorter period although it will have a horrendous effect upon his insurance. The only way to avoid a ban for totting is to argue exceptional hardship but that really does mean exceptional rather than just inconvenienced. Sorry if that is bad news. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Thanks for your advise. It is totally his own fault. I depend on my husband to pick up my elderly mother who has dementia ( she stays with us at weekends for respite care) he had to get her back in time for her carers
Customer: replied 1 year ago.
That still doesn't give him the excuse to speed
Expert:  Jo C. replied 1 year ago.
is there anybody else who can do that? Does she have other family?Do you drive?
Customer: replied 1 year ago.
Yes I can drive but with mum she is quite stressful as you can imagine with somebody with dementia. He helps me by doing this. Will he go to prison
Expert:  Jo C. replied 1 year ago.
No.
It just carries penalty points or a ban and a financial penalty.
It doesn't sound as though this is the strongest exceptional hardship application though.
His best hope is that they will show mercy by issuing 5 points and a financial penalty which would mean he would have 11 but that can't be relied upon.
Customer: replied 1 year ago.
Ok thank you for your advise if he is lucky enough to get the 11 points and a financial penalty then I will look into fitting a device to the car to monitor speed
Expert:  Jo C. replied 1 year ago.
HAHA. The other alternative is to look at whether there are other ways in which exceptional hardship could be made out.
Expert:  Jo C. replied 1 year ago.
it can be made out in a number of ways.
Customer: replied 1 year ago.
Thank you I might need help from you to get me off for murder when he gets home ha ha
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
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